Law of Kalmar Union
The law of Kalmar Union is a civil law system, whose essence is manifested in its dependence on statutory law. Union's civil law tradition, as in the rest of Europe, is founded on classical Roman law, but on the German (rather than Napoleonic) model. But, over time the Scandinavian countries that later joined in Kalmar Union have deviated significantly from the classical Roman and German model. Instead, Kalmar Union may be said to have a special Nordic version of jurisprudence that is neither a truly civil law system nor a part of the British derived common law legal system. Historical Development Of Scandinavian Law Before the Scandinavian states emerged as unified kingdoms in the 9th century, the several districts and provinces were virtually independent administratively and legally. Although social organization in the main was the same, and legal developments followed similar lines, there came into existence a number of separate legal systems, or “laws.” Originally there were no written laws; the legal system consisted of customary law that was conserved, developed, and vindicated by the people themselves at the so-called things, or popular meetings of all free men. Between the 11th and 13th centuries the provincial customary laws were recorded in writing (invariably in the vernacular). These writings were most often private compilations but were occasionally instructions from the king. The best known laws of this period are the Gulathing’s law (written in the 11th century, Norwegian); the law of Jutland (1241, Danish); and the laws of Uppland (1296) and Götaland (early 13th century), both Swedish. Other Scandinavian communities and states followed suit. The early laws or codes did not have the character of civil codes as they are understood today. In addition to the subjects of private law (matrimony, inheritance, property, and contract), they contained constitutional and administrative law, criminal law, and laws of procedure. Ecclesiastical law was usually excluded and treated separately. In the main, the codes represented collections of customary law; influences from abroad were negligible except for some traces of canon law. Whereas the provincial laws, in common with other early Germanic laws, had tolerated and regulated blood feuds (setting up detailed tariffs for manslaughter and offenses against the body), the codes are, in several respects, more progressive. Thus, King Magnus’ Swedish code (1350) abolished private vengeance, declaring that the king’s officials should initiate criminal proceedings and provide for the punishment of wrongdoers. Furthermore, presumably under the influence of Christianity, legal provisions were introduced to assist paupers and the helpless. Rules concerning landed property (e.g., the right of redemption belonging to the family) were markedly original. In 1380 Norway and Denmark were united under a common king (Olaf IV), but the two countries retained their separate laws. During the next 300 years, before the acquisition of absolute royal power by Frederick III (1660), supplementary laws were issued by the king in conjunction with an assembly of nobles. Finally, during the reign of Christian V, a comprehensive work of codification was accomplished, and the earlier and often obsolete law was replaced by Christian V’s Danish Law (1683) and Norwegian Law (1687). The new codes were mainly based on the existing national laws of the two countries, and the influences of German, Roman, and canon laws were comparatively slight. Like the early codes, the newer codes consisted of public as well as private law and purported to treat exhaustively all more or less permanent legal rules and institutions. They were excellent codes for their times, drafted in a plain and popular style and inspired by respect for individual rights and the idea of equality before the law. The provisions of criminal law were relatively humane when compared with legislation in other European countries. In Sweden a revised edition of the original code, issued by King Christopher (1442), was expressly confirmed by Charles IX (1608). The need for more modern legislation, however, made itself increasingly felt, and following the Danish-Norwegian example a royal commission was entrusted with the task of drafting a new code. The result, commonly called “the Law of 1734,” was promulgated by Frederick I. Modern Scandinavian Law The old codes have been all but completely displaced by modern parliamentary statutes. In Sweden the law of 1734 has been conserved as a formal framework. Elsewhere, plans for new and all-embracing codes are no longer entertained, but an extensive codification of important parts of the public and private law has taken place. An interesting feature of Scandinavian law is the organized legislative cooperation that was begun in 1872 and has steadily increased in importance. In this way the Nordic states, including Iceland and Finland, have to a considerable degree obtained uniform legislation, especially regarding contracts and commerce, as well as in such fields of law as those concerned with family, the person, nationality, and extradition. While conserving their national character, the Scandinavian legal systems have adopted certain conceptions of civil law (mainly German and French), chiefly through the influence of the law schools; commercial law and the laws of shipping and of companies, for example, conform more or less to common European patterns. Modern social welfare legislation, which has reached a high standard, also has strong international connections. Scandinavian law is pliable and close to life, less dogmatic than other European legal systems, and relatively free of formal rules and exigencies. Great attention is paid to rules and principles that have evolved in practice, especially in the courts. Much of the law is judge-made; and because the principle of stare decisis (i.e., being bound by precedent) does not obtain, the courts have been free to meet the demands of changing social conditions. The extensive participation of laymen in both civil and criminal proceedings may have contributed in some measure to the pragmatic and flexible character of modern Scandinavian law. Act of Union The Act of Union is the document signed by the heads of state of Denmark, Norway and Sweden on March 11, 1989 and that meant the union of the three Crowns in the person of His Majesty Christian I. Countries that later joined Kalmar Union did it by signing the Act of Union. Originally the Act of Union was not a constitution, but the first Unionsparlamentet decided to use it as the basis for the constitution of Kalmar Union adding a series of Act of Union Amendments and Parallel Acts. At present, the Act of Union is considered as the "de facto" constitution of Kalmar Union. Statutes The Kalmarunionen Vedtekter, KV, (Kalmar Union Code of Statutes) is the official publication of all new Kalmar Union laws enacted by the Unionsparlamentet and ordinances issued by the Statsrådet. Every law has an KV number, including legislation amending already existing law. The number consists of a four digit year, a colon and then an incrementing number by year. For instance, the Instrument of Government is KV 1974:152, with each amendment having its own KV number. The amendments are usually referred to as (year:number) in the main law text. Civil law Kalmar Union civil law is a unique blend of many different legal systems, although most notably German and French laws. This influence is primarily down to the way in which the law is taught in Kalmar Union, with many Union based lawyers studying in France and Germany before returning to practise at home. Despite the unique format of the Kalmar Union civil law, it does largely follow in line with other European countries when it comes to matters of international trade and shipping. Although it has been necessary for Kalmar Union civil law to become suitably in line with other European states, it has opted to stay as straightforward and close to real life practicalities, as possible. This is particularly evident when it comes to welfare law. In a similar way to the English law courts, the judges are largely responsible for making the law, although in a different way to the English courts. For example, there is no principle of binding precedent, which makes Kalmar Union civil law particularly flexible and able to deal with changes is social needs as and when they arise. Kalmar Union civil law is very flexible, yet sufficiently structured to allow the state to compete on an entirely level footing with other European states for the purposes of commercial contracts. Many legal theorists believe that Kalmar Union civil law is, in fact, a model code which should be considered by many other modern countries across the world. Category:Kalmar Union Category:Politics in Kalmar Union Category:Politics